Pramod Sharma @ Bhaskar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39756 of 2018 Arising Out of PS. Case No.-10 Year-2016 Thana- PALI District- Jehanabad ====================================================== Pramod Sharma @ Bhaskar S/o Late Anandi Sharma, R/o Vill.- Rustampur, P.S.- Hulasganj, District- Jehanabad.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kunwar Digvijay Singh For the Opposite Party/s :

Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Pali P.S. Case No. 10 of 2016 registered for the offence punishable under Sections 25 (1-b)a, 26 and 35 of Arms Act and Sections 18, 20 of U.A.P. Act.

Informant is the police officer, who in his self statement has stated that on a secret information received, a raid was conducted in the house of Suday Prasad Yadav that extremist has assembled there in order to commit some crime. On such information police surrounded the house and asked the inmates of the house to surrender but they started firing on the police, as a result police also resorted to firing and

Patna High Court Cr.Misc. No.39756 of 2018(2) dt.12-07-2018 2/2 subsequently four persons were apprehended from the place of occurrence and rest managed to fled away taking advantage of darkness.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case only on the basis of confessional statement made by coaccused, nothing has been recovered from his possession and it has been submitted that similarly placed accused Manoj Yadav and Munna Yadav who was also apprehended on the basis of confessional statement made by co-accused has been granted regular bail by the court below. Petitioner is in custody since 26.02.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad, in connection with Pali P.S. Case No. 10 of 2016.

(S. Kumar, J) veena/- U T